The Turkewitz Law Firm, 228 East 45th Street, New York, NY 10017  Phone: (212) 983-5900

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Medical Malpractice — Hospital Negligence — Failure To Admit Man With Impending Stroke

Settlement:

Xxxxxxxxx and Xxxxxx Rivera v. NYCHHC and City of New York XXXXX/90

Date of Settlement: 3/8/94

Venue: Bronx Supreme

Plaintiff Attorney: Eric M. Turkewitz for Raymond B. Schwartzberg, Manhattan

This case settled before trial for $1,295,000 for injuries suffered by Plaintiff, a mechanic, as a result of Defendants' failure to evaluate his neurological complaints when he presented to two different City-owned emergency rooms. Plaintiff contended that these complaints were the symptoms of an impending stroke, and the failure to admit him to either hospital and place him on anticoagulation therapy resulted in a stroke he suffered on 5/27/89.

Plaintiff claimed that he presented to North Central Bronx Hospital on 5/23/89 with complaints of intermittent dizziness, cramping in his hand, and left-sided numbness of the face and arm. He was also having difficulties speaking. A first-year internist diagnosed an anxiety attack and discharged him without conferring with his attending physician. Plaintiff contended that these were transient ischemic attacks, or mini-strokes, and were major warning signs of an impending stroke. On 5/26 Plaintiff went to Lincoln Hospital with a note from his doctor requesting a brain scan. He was given an appointment for a neurological examination on 5/31/94. The neurology department rescheduled him for an examination 2 weeks later. The day after his visit to Lincoln Hospital, Plaintiff suffered a major stroke . He was hospitalized for several weeks. He has since suffered an additional stroke and has complaints of left-sided weakness and right- sided numbness.

Defendant contended that Plaintiff would probably have suffered the strokes anyway, noting that he suffered a second stroke several months after having begun his anticoagulation therapy. Defendant contended that he was simply at high risk for a stroke regardless of whether he had been treated or not on either of the two occasions he presented to the hospital.